Once convicted to a death sentence, a convict has the right to appeal. But the ability to introduce DNA evidence has been somewhat of an obstacle. Larry Cafero-R, House Minority Leader, proposed a bill that would skip the multiple part hearing to establish whether DNA evidence could be introduced on appeals. State Senator Andrew McDonald-D and State Rep Mike Lawler-D are concerned that this would unfairly speed up executions.
The current law requires appellate court hearings in which convicts must prove the evidence would alter a previous verdict, was not previously tested, is still available for testing and isn’t simply a ruse to delay execution.
Cafero, R-142, wants death row inmates to skip right to introducing the evidence, provided they testify to its relevance under oath.
“In other words, there’s a hearing process that has to go on before you order testing. We’re saying that’s ridiculous,” Cafero said. “We have a technology, why shouldn’t we make sure that everyone is entitled to such a thing?”
Cafero introduced the bill for discussion during a legislative judiciary committee hearing on sentencing and parole issues last week.
State Sen. Andrew McDonald, D-Stamford, who is co-chair of the committee, said he is open to talking about the issue, but he is concerned about setting different standards depending on the sentence.
“If you’re sent to life in prison without possibility of release, your interest in having DNA testing done isn’t any less, right?” McDonald said. “You’d still want to be able to test the evidence if you think it could prove your innocence.”
The other judiciary committee chair, state Rep. Mike Lawler, D-99, said Cafero may be trying to speed executions with the bill.
“I understand what his intent is, to avoid any delay in an appeal after a death sentence,” Lawler said, “but on the other hand there may be a legitimate reason not to have the testing in a particular manner.”
As an example, Lawler said the evidence that could be used in a related case may be destroyed in testing.
Cafero said speedier executions are just a byproduct of the bill, which is meant to give inmates every right to defend themselves. “The ultimate goal is not to favor one side or the other, it’s to find truth and to administer justice,” he said.
Other provisions of Cafero’s bill do call for a faster death row process, including a time limit on filing appeals and scheduling arguments.
At the moment, the proposed bill is theoretical.
None of Connecticut’s nine death row convicts argued they didn’t commit a crime, according to John Connelly, a state’s attorney in Waterbury.
Lawler apparently doesn’t dwell in the criminal defense world where wrongful convictions, based on junk science, false confessions, lab errors and mistaken witnesses are a concern. Cafero is right to press for DNA evidence reform, but is over reaching on limiting the time for an appeals process.
source: The Hour, Cafero wants easier DNA testing on death row, By JARED NEWMAN, December 5, 2007
